Agenda item

The Panel considered a report from the Director for Corporate Services of the Wildlife and Countryside Act 1981 Section 53 for an application to upgrade Public Footpath 60 Waterhouses to a restricted Byway.

The report was presented verbally to take Members through the various legal documentary and historical evidence relevant to the application. The Director also made reference to case law which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality. During their consideration of the application, Members had regard to the Appendices attached to the report including; (i) Copy of Application; (ii) Plan of Claimed Route; (iii) Definitive Map; (iv) Copy Map; (v) National Library of Scotland Map; (vi) E-Petition; (vii) Photographs of Claimed Route; (viii) Parish Survey Cards (a)National Parks and Access to the Countryside Memorandum (b) Waterhouses Parish Survey Map (c)The British Horse Society paper on RUPPS; (ix) Cauldon Tithe Map; (x) Public Inspectorate Decision; (xi) Finance Act Map 1910; (xii) Ordnance Survey Map 1897; (xiii) Letter from SCC to the Department of the Environment 2/11/1979; (xiv) Handover Map, schedule key and table; (xv) User Evidence & Matrix.

Decided – The Panel considered a report of the Director for Corporate Services for the upgrading of Public Footpath 60 Waterhouses.

The Panel agreed unanimously that the evidence submitted with the application for an upgrade to Footpath 60 Waterhouses was insufficient to show that Public Footpath 60 Waterhouses should be added as a highway of a different description namely a restricted Byway, to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

That no order be made to upgrade the alleged right of way shown on the plan attached marked A to B at Appendix B to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.